What is the purpose and flagrancy of the police interrogation technique used to coerce a defendant into giving a false confession?

California, United States of America


The following excerpt is from People v. Montano, 226 Cal.App.3d 914, 277 Cal.Rptr. 327 (Cal. App. 1991):

Finally, "the purpose and flagrancy of the official misconduct" (Brown v. Illinois, supra, 422 U.S. 590 at p. 604, 95 S.Ct. 2254 at p. 2262) are totally in defendant's favor. That "[t]he illegality here ... had a quality of purposefulness" (id. at p. 605, 95 S.Ct. at p. 2262) cannot be denied. That its purpose was intended to reduce defendant's resistance to the interrogating officers' desire for a confession is likewise beyond dispute. That purpose was effected by a persistent disregard of defendant's constitutional right to remain silent and not incriminate himself. With respect to flagrancy, this is a glaring example of police misconduct.

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